Thursday, February 5th, 2009
AP Claims Copyright Infringement Against Shepard Fairey
Images: AP / Shepard Fairey
Shepard Fairey can now join the ranks of Richard Prince and Jeff Koons as another artist facing legal action for the appropriation of copyrighted material into his art. The particular image in question is Fairey’s infamous Obama portrait (recently inducted into the Smithsonian and on view in Fairey’s museum retrospective). In a statement issued Feb. 4, The Associated Press states it “has determined that the photograph used in the poster is an AP photo and that its use required permission.” While AP is pursuing compensation and credit, Fairey and his attorney have stressed he received no money from the mass production and distribution of the image.
The case brings up the subjective legal arguments surrounding fair use of copyrighted material, which takes into consideration whether or not the secondary work is “transformative” and its impact on the original material. Undoubtedly lawyers on both sides will be looking to prior precedent to support their arguments.
After loosing several separate copyright infringement cases during the 90s, pop-art megastar, Jeff Koons, won a landmark 2006 battle, when the U.S. District Court of Appeals deemed his painting Niagra fell under the protection of ”transformative use.” In addition, artist, Richard Prince, is currently in the midsts of his own copyright infringement case.
More as the story unfolds…
4 Responses to “AP Claims Copyright Infringement Against Shepard Fairey”
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February 9th, 2009 at 7:04 am
the langenfeld : DOOF said:
[...] hier und hier Posted by scheff on Montag, Februar 9, 2009, at 15:00, and filed under Post. Follow any [...]
February 10th, 2009 at 11:58 am
the art collectors » Fairey Fires Back - Sues AP said:
[...] Shepard Fairey media frenzy continues. Last Wednesday, the Associated Press issued a statement accusing Fairey of copyright infringement for appropriating one of their photos to create his famous Obama images. On Friday evening Fairey [...]
February 23rd, 2009 at 10:55 am
the art collectors » Intellectual Property Debate w/ Shepard Fairey + Lawrence Lessig said:
[...] off recent controversy surrounding the Associated Press’ claims of copyright infringement against Shepard Fairey, and the artist’s subsequent lawsuit against [...]
October 18th, 2009 at 10:03 pm
the art collectors » Shepard Fairey Exhibit Opens Amidst New Legal Controversy said:
[...] sued the non-profit news organization in February, after being accused of stealing one of their photos for his hugely popular Obama Hope image. He has insisted he did not [...]